Content warning: Amazingly racist language
The language comes from a HYDRA document being quoted.
About twenty-six hours after Cheney had tried to jump them, they met. Cheney had sent a head a list of those he wanted to attend. It wasn't a long list: Steve, Bucky, Banner, Natasha. Nelson and Murdock came anyway.
"So," Cheney started. "obviously, you've put us into a difficult situation. You're asking the United States Government to just put aside a string of assaults and murders, and protect the perpetrator from other interested states."
"A full pardon is acceptable to us." Nelson said calmly.
"It may be acceptable to you, but such things aren't ten-a-penny."
"We're working at a federal level here. This contract is being constructed on behalf of the Senate. Given the situation, I don't think that Presidential Pardon is an unreasonable request."
"And you're happy to take the implicit confession."
"That's a private conversation between us and our client, under attorney client privilege." Murdock said.
Cheney huffed. "You're asking us to do a difficult thing. We will need guarantees in exchange to get this through congress."
"Like what?" Nelson asked.
"We ruled out tagging bracelets in the first round of negotiations because you asked us to." Cheney said. "Also, Captain, you were an asthmatic before you took the serum, correct?" Steve didn't correct him "The serum cured you. Now, asthma is these days a mild and controllable disease, it's not life limiting, but there are dozens of related diseases which kill thousands of Americans per year. One body, one successful case, is difficult to work from. Two? Plus a couple of variant cases? Maybe we can do something incredible for medical research."
"Against asthma?" Bruce asked, taking off his glasses and looking straight at Cheney. "Because of course that's what this is about, isn't it. Of course it's about producing a cure for a chronic disease which makes American pharmaceutical companies a reasonable amount of money in inhalers. Of course that's what you're trying to do here."
"Say what you mean, Doctor Banner."
"You don't want a cure for immune mediated disease. You want super soldiers. That doesn't usually go so well."
"It's not for me to decide." Cheney said. "But there were volunteers who knew they were risking their lives in 1943. If adults give informed consent, do you have the right to say we can't help them be better?"
"So this boils down to parole-style tracking and lab rat stuff." Nelson said.
"You certainly have a way with words, Mr Nelson. And psych support."
Bucky made a derisive noise in his throat.
"And what if we say no?"
"Then I'm afraid your client is liable to prosecution."
"Really?" Murdock said. "How do you think a jury will take… Foggy, have you got…"
"Yes, I have it right here." Nelson pulled a piece of paper out of the small stack in front of him. "This is from a lifted HYDRA file, courtesy of The Avengers' recent joint raid with Maryland State Police, entitled 'The handling and maintenance of The Asset'. I'm going to read from section 1A, General Principles. I should warn you that this contains some amazingly racist language." Nelson cleared this throat theatrically. "Foremost and above all, the handler must remember that, while The Asset looks almost entirely human, and indeed displays some superhuman physical qualities, his Slavic bloodlines show true in his mental capacity." Bucky was staring hard at the table between his hands. "He is a true Untermensch, devoid of critical thought, true loyalty, or anything above basic reasoning. Outside his specialised skill set, he is entirely helpless, and fully dependant on his handlers." Bucky bent his head further forwards, eyes fixed and glazed. "It ought also be remembered that, as he cannot reason, and he proves, like most Untermensch, relatively insensible to pain, he has less capacity to suffer than an Aryan, less even than most Jews." Bucky closed his eyes. He was breathing hard. "The handler ought not pity the Asset, even when circumstances or the Asset's behaviour oblige the handler to punish severely." Murdock tapped his hand sharply on the table. Nelson stopped speaking. He took a breath. "And that's far from the worst we could read to a jury. I'd like to take a comfort recess just now." Nelson and Murdock both stood up.
.
Bucky all but bolted for the door. Steve followed him. Natasha and the lawyers weren't far behind, Bruce hung back.
Bucky stopped on the little balcony. He crossed his wrists on the bar and lent his head on them, panting hard.
Steve put a hand on his shoulder. "It's okay, Buck." He said softly. "It's okay."
"I'm sorry, Mr Barnes." Nelson said. "I was too busy watching the senator to watch you. I didn't-"
"It's fine." Bucky said, not looking up, still panting. He'd gone very pale. Steve felt a tremor run through him.
"I guess that's a reason for us to avoid a full trial if we can." Murdock said. "A full trial'll involve a lot of this. The stakes are higher and I think we can win, but…"
"That's not what we're worried about." Natasha said. Murdock cocked his head at her. "Going through the judicial system means more people know, the more people know, the higher the chance we hit a HYDRA sleeper, or someone who talks to one. And a trial takes time. If we end up in the courts, HYDRA will try to lift him, or worse."
Bucky was still shaking.
"We need to convince Cheney to settle out of court." Natasha continued.
"Okay then." Nelson said. "We need to figure out two things. Firstly, Mr Barnes," Bucky turned to look at Nelson. He looked a bit better. "How much of this can you take? Reading Cheney the sections on…" Nelson seemed to think better of finishing that sentence. "and reminding him we can read that to a jury is probably going to make him think hard about what he has to lose."
"I can take it." Bucky said, unconvincingly. "If I know it's coming."
"Do you want to not feel it?" Natasha said gently. Bucky looked questioningly at her. "It wouldn't bother The Soldier, would it?" Bucky kept looking at her. "There's a really simple method for inducing The Soldier. I know it. It won't hurt you."
"No." Steve said firmly. "We're not doing that. Why can't we just say Bucky steps out when you read the worst bits?"
"Because that shows Cheney we'd want to avoid a trial." Natasha said.
"Refusing to read it might actually be more powerful." Murdock said. "It's hard to plan counter arguments to something you haven't heard."
"Second question," Nelson continued, "what are you willing to concede? If we want to negotiate our way past trial, you need to have some ground you're willing to give?"
"They can't try Project Rebirth 2.0." Bruce said, straight away.
Steve sighed. "Us withholding data isn't going to stop them, Bruce. If they want to do it, they'll do it. I'll go back to doing publicity stuff if they want, that's been part of the deal since the forties."
"We can't help." Bruce continued. "Yours was the only program that didn't kill its subjects. And if it goes bad, it's not just subjects at risk. That's what this invite list is. It's the only people who've survived enhancement."
Murdock was… he wasn't looking at Natasha, but his attention was towards her. His forehead was slightly furrowed.
"They'd be using you as a negative example, Bruce." Natasha said. "They'll be trying to figure out how to stop what happened to you from happening again. They have no use for a weapon they can't control."
"This isn't just about preventing another Hulk." Bruce said. "There are so many ways that process can go wrong."
"Okay," Nelson said, spreading his hands slightly, as though to show he wasn't armed. "Deuce. This is a conversation we need to have without them present."
.
Cheney back-and-forthed with the lawyers for about half an hour, then left. They were to meet again in three days. They'd seemed interested in Steve's offer of more publicity work, but they were still adamant that they wanted samples from all four of them. Steve's main concern was that Banner would not move. If Cheney needed Banner to agree to being a lab rat, they might be at an impasse. Public trial was only the worst-case scenario if Cheney played by the rules, and nobody who was HYDRA found out where Bucky was.
